IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND FIT TURF, INC. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that: 1) Customer is 18 years of age or older and has authority to enter into a contract for lawn, tree and pest care services; and 2) that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s contract with Fit Turf Inc for lawn, tree and pest care services. Customer further acknowledges that these terms and conditions are a material inducement for Fit Turf’s agreement to enter into a contract with Customer for lawn, tree and pest care services.
OUR GUARANTEE. For Customers purchasing complete care programs, Fit Turf, Inc. will revisit Customer’s property as often as needed between scheduled visits to make any necessary fertilizing, weed control, tree or pest application adjustments and to ensure Customer’s satisfaction.
CONTINUOUS SERVICE. To optimize the effectiveness of the services provided, Customer’s plan shall continue from year to year without any action on Customer’s part. This includes any services purchased initially or added later. Remember, Customer’s plan will continue unless Customer contacts Fit Turf, Inc. at 303-221-6900 to cancel. Customer or Fit Turf, Inc. may cancel service at any time, subject to Customer’s obligation to pay for all contracted services as provided herein.
COST OF SERVICES/BILLING. Except as otherwise set forth herein, billing for each lawn, tree or miscellaneous application (and applicable fuel surcharges) will occur after service is rendered with payment due upon receipt of invoice. After January 31, 2020, all new Customers are required to enroll in the Fit Turf, Inc. Auto-Pay program or prepay for their annual lawn care service plan. The cost of individual services in a Customer’s plan may vary from year-to-year. Current year discounts may not apply in subsequent years. Any credits or discounts offered by Fit Turf, Inc. shall only be applied to future Fit Turf services and are not redeemable by Customer for cash.
AUTO-PAY AGREEMENT. Customer’s enrollment in the Fit Turf, Inc. Auto-Pay option constitutes Customer’s agreement to the following terms and provisions which shall be deemed a binding part of Customer’s agreement to receive and pay for services provided by Fit Turf, Inc. Please read these provisions carefully and contact Fit Turf, Inc. immediately in the event that you wish to cancel your Auto-Pay Enrollment.
- Customer agrees to pay for all services provided and authorizes Fit Turf, Inc. to initiate electronic payment transactions from the credit card account that Customer has provided to Fit Turf, Inc. Customer’s consent applies to all invoices issued by Fit Turf, Inc. for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from Customers specified credit card account on the date Fit Turf, Inc. issues an invoice for services unless Customer terminates the above authorization in the manner described herein.
- Customer understands and agrees that Fit Turf, Inc. shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Fit Turf, Inc. as required without further notice to Customer. FIT TURF, INC SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT CUSTOMER MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH CUSTOMER’S ACCOUNT IS DEBITED OR CUSTOMER’S CREDIT CARD IS CHARGED.
- To cancel your Auto-Pay Enrollment, Customer must call Fit Turf, Inc at 303-221-6900. Customer agrees that Fit Turf, Inc may contact Customer via telephone, text, or email and further agrees to promptly notify Fit Turf, Inc of any changes or updates to Customer’s credit card information.
- Customer agrees to promptly notify Fit Turf, Inc in the event of any billing errors so that Fit Turf, Inc can correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Fit Turf, Inc shall have the right to immediately terminate its contractual relationship with Customer.
- Fit Turf, Inc reserves the right to terminate Customer’s Auto-Pay enrollment at any time.
- Customer is responsible to verify whether any additional charges will be applied by Customer’s credit card issuer and agrees to be bound by any rules that Customer’s financial institution requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option.
- Fit Turf, Inc reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Fit Turf, Inc website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately. Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these terms and conditions, as amended.
CHECK PROCESSING POLICY ACH. Payment by check constitutes Customer’s authorization to either use information from Customer’s check to make a one-time electronic fund transfer from Customer’s account or to process the payment as a check transaction. If we use information from Customer’s check to make an electronic fund transfer, funds may be withdrawn from Customer’s account as soon as the same day we receive payment and Customer will not receive a copy of the check back from Customer’s financial institution. If any check, draft, credit card, or EFT transfer payable to Fit Turf, Inc is not honored, Fit Turf, Inc will assess a $20.00 collection fee for each such item (in addition to all other rights and remedies for the unpaid balance).
LATE FEES. A service charge of 1.5% per month shall be added to the unpaid balance of all accounts not paid within 30 days. If payment is not made, you agree to be responsible for and reimburse Fit Turf, Inc for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account.
NON-PAYMENT/DEFAULT. The obligation of Fit Turf, Inc hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this contract in its entirety and discharge Fit Turf, Inc of any liability. All amounts paid shall be deemed the property of Fit Turf, Inc.
ACCESS TO PROPERTY. Customer authorizes Fit Turf, Inc to access Customer’s property on days and times of Fit Turf’s choosing to provide the services requested. Fit Turf, Inc may further move personal property on the grounds as may be reasonably needed to perform its services.
CONTACT INFORMATION. By providing your phone number and email address to Fit Turf Inc, Customer expressly consents for Fit Turf Inc, along with its agents and affiliates, to contact Customer by telephone or email, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding Fit Turf’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) and email addresses that Customer provides to Fit Turf Inc. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession. Customer agrees to notify Fit Turf Inc immediately if Customer’s mobile or wireless telephone number changes, along with changes to email addresses, and further agrees to indemnify and hold Fit Turf Inc harmless for all claims, damages, and liabilities resulting from Customer’s failure to do so. Consent is not a requirement of purchase. Should Customer have any questions about which addresses, telephone numbers or email addresses Customer provided to Fit Turf Inc, or should Customer wish to stop receiving calls from Fit Turf Inc, please review your account information or call Fit Turf Inc at 303-221-6900.
BINDING EFFECT. This document constitutes a valid agreement between Customer and Fit Turf Inc. The rights and obligations created hereunder are binding upon Customer and Fit Turf Inc and their respective successors. Fit Turf Inc may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. Fit Turf Inc reserves the right to revise its terms and conditions from time to time. Customer will be notified of any changes and agrees that Customer’s continued use of Fit Turf Inc services after receiving such notice constitutes acknowledgement and agreement to be bound by the revised terms and conditions.
WAIVER / SEVERABILITY. Fit Turf’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Fit Turf’s rights. If a court finds a provision in this Agreement to be invalid, Customer and Fit Turf Inc agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of Fit Turf’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
NOTICE OF CLAIM AND OPPORTUNITY TO CURE. Before any claim can be asserted by Customer against Fit Turf Inc arising from any alleged breach of its service contract, or asserting damage or injury to person or property arising from any act or omission on the part of Fit Turf Inc or its agents, employees, or representatives, Customer must provide timely written notice to Fit Turf Inc identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to Fit Turf Inc within 60 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. Fit Turf Inc will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that Fit Turf Inc determines to have been its responsibility. Customer agrees to provide Fit Turf Inc reasonable access and a reasonable opportunity to observe, test, document, and investigate Customers damage claims, and to effect remedial measures. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of Fit Turf’s performance of its contractual obligations. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of Fit Turf Inc or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.
TIME LIMIT FOR FILING CUSTOMER CLAIMS. Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Fit Turf Inc are barred if such claims are not initiated within one year of the last date of service provided by Fit Turf Inc to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Fit Turf Inc receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until Fit Turf Inc receives service of a Summons and Complaint.
MANDATORY ARBITRATION. Customer and Fit Turf Inc agree that all claims by Customer against Fit Turf Inc which in any way relate to this contract, or to the services provided to Customer by Fit Turf Inc, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute.
LIMITATION OF LIABILITY. In no event shall Fit Turf Inc be liable to Customer, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury. In no event shall Fit Turf Inc be liable to Customer, and Customer expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Customer’s lawn, plants or landscaping, Fit Turf’s liability is limited to, and shall not exceed, the amount Customer paid for the lawn care application alleged to have caused the damages claimed by Customer.
GOVERNING LAW / VENUE. If the arbitration provisions of this contract are determined to be inapplicable or unenforceable as to any claim of Customer against Fit Turf Inc, any litigation between Customer and Fit Turf Inc shall be governed by Colorado Law and resolved exclusively in the State or Federal courts. Customer agrees to personal jurisdiction. Customer expressly waives any right to a trial by jury in any litigation against Fit Turf Inc.
ATTORNEYS FEES. If litigation or arbitration is initiated against Fit Turf Inc by Customer in violation of the terms of this Agreement, or if Fit Turf Inc initiates litigation or arbitration against Customer to enforce Fit Turf’s rights under the terms of this agreement, Customer agrees to pay Fit Turf’s litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. CUSTOMER AND FIT TURF INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF FIT TURF INC.